act 032 of 1952 : Contempt of Courts Act, 1952 [Repealed]

Contempt of Courts Act, 1952 [Repealed]

ACTNO. 32 OF 1952

03 February, 1953

[Repealed by Act 70 of 1971, Section 24.]

An Act to define and limit the powers of certain Courts in punishing contempt of Courts

Be it enacted by Parliament as follows:

Section 1. Short title and extent

(1) This Act may be called the Contempt of Courts Act, 1952.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

Section 2. Definition

In this Act, High Court means the High Court for a Part A State or a Part B State, and includes the Court of the Judicial Commissioner in a Part C State.

Section 3. Power of High Court to punish contempts of subordinate Courts

(1) Subject to the provisions of sub-section (2), every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts of Courts subordinate to it as it has and exercises in respect of contempts of itself.

(2) No High Court shall take cognizance of a contempt alleged to have been committed in respect of a Court subordinate to it where such contempt is an offence punishable under the India Penal Code (45 of 1860).

Section 4. Limit of punishment for contempt of Court

Save as otherwise expressly provided by any law for the time being in force, a contempt of Court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or both:

Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Court:

Provided further that notwithstanding anything elsewhere contained in any law for the time being in force, no High Court shall impose a sentence in excess of that specified in this section for any contempt either in respect of itself or of a Court subordinate to it.

Section 5. Power of High Court to try offences committed or offenders found outside jurisdiction

A High Court shall have jurisdiction to inquire into or try a contempt of itself or of any Court subordinate to it, whether the contempt is alleged to have been committed within or outside the local limits of its jurisdiction and whether the person alleged to be guilty of the contempt, is within or outside such limits.

Section 6. Repeals and savings

[Repealed by Act 36 of 1957, Section 2 and Schedule I.]